Terms and conditions
By using the ScreenSkills website or placing an order for Digital Content (as defined below) you are entering into a legally binding agreement with us on these Terms.
Please note the following key issues which relate to your use of the ScreenSkills website:
- If you are a child you should review these Terms with your parent or guardian to make sure that you and your parent or guardian understand them.
- There are limits to our legal obligations and liabilities to you. See paragraph 11 for more information.
- Please read these Terms carefully and make sure that you understand them, before ordering any Digital Content (as defined below) from our site. Please note that before placing an order you will be asked to agree to these Terms. If you refuse to accept these Terms, you will not be able to order any Digital Content from our site. You must be 18 years old, or have parental permission, to purchase Digital Content.
- When you place an order with us for Digital Content you are entering into a contract with us to provide that Digital Content. We will provide the Digital Content as soon as you have placed your order. By placing an order, you are requesting that we do so and you are accepting that you are losing your right to cancel the contract. See paragraph 6 for more information.
1. Information about us
1.1 The ScreenSkills website is operated by ScreenSkills, or any successor in title, a company registered in England and Wales under registration number 02576828 (we/us/our). Our registered address (and main office) is 94 Euston Street, London, NW1 2HA.
1.2 If you have any questions, complaints or comments on the ScreenSkills website, please contact us at firstname.lastname@example.org.
1.3 Our VAT number is 158119110.
1.4 Any ScreenSkills logos or any successor in title are registered trademarks of ScreenSkills.
2. Information about the website
2.1 ScreenSkills is the industry skills body for the screen-based creative industries in the UK. The ScreenSkills website provides information and assistance to help develop and support skills and training for people and business within the screen–based creative industries. We may provide various useful publications that can be purchased from the ScreenSkills website. The ScreenSkills website hosts an online community platform for those that work, employ, educate or are otherwise involved, in the creative industries in the UK. It is a source of information about the creative industries and a platform via which individuals and organisations in the creative industries can communicate with each other and exchange information, guidance and opportunities. In these Terms, we refer to any individuals and organisations that use the ScreenSkills website as Users.
2.2 Some of those publications are created by us (or on our behalf). Others are created by third parties.
2.3 Some of the information and guidance on the ScreenSkills website originates from other Users. Before relying on any information or guidance that you find on the ScreenSkills website, we recommend you check its accuracy.
2.4 The ScreenSkills website is maintained, controlled and operated by us (or on our behalf) from (or via) our facilities in the United Kingdom. We cannot promise that the ScreenSkills website is appropriate or available for use in any other country.
2.5 If you register with us, you will be setting up an account with us (Account) and will be able to create your own profile on the ScreenSkills website (Profile).
2.6 Access to the ScreenSkills website is permitted on a temporary basis and we reserve the right to withdraw or modify any part of the ScreenSkills website with or without notice. At our discretion, we may notify you at your email address as supplied to us.
2.7 We do not guarantee that the ScreenSkills website will be available at any particular time or for any period of time. From time to time, we may restrict access to all or part of the ScreenSkills website to Users who have registered with us.
2.8 When using the ScreenSkills website, you must at all times comply with these Terms. You are responsible for making all arrangements necessary for you to have access to the ScreenSkills website and for all connection and other charges incurred in using the ScreenSkills website. You are also responsible for ensuring that all persons who access the ScreenSkills website through your internet connection are aware of these Terms, and that they comply with them.
We ask parents and guardians of anyone under the age of 18 to pay special attention to the online activities of their children and to supervise their children’s use of the ScreenSkills website. In particular, parents and guardians should make children under their care aware of the rules on user conduct and acceptable use under these Terms.
4. Placing orders for digital content
4.1 We will from time to time offer digital content for sale on the ScreenSkills website. This may include publications and/or reports that are downloadable and can be saved to your own device, once purchased, in PDF, Word and sometimes other formats (Digital Content).
4.2 You will be asked to register and create an account before being able to purchase Digital Content (see paragraph 5).
4.3 Digital Content is available for children, but is sold to adults. If you are under 18, you may purchase Digital Content only with the involvement of a parent or guardian.
4.4 Our order process allows you to check and amend any errors before submitting your order to us. Please take the time to read and check your order at each page of the order process.
4.5 After you place an order, we will confirm our acceptance by sending you an e-mail that confirms your purchase.
4.6 The prices for Digital Content will be as quoted on the ScreenSkills website at the time you submit your order. Prices for Digital Content may change from time to time. [The price of Digital Content includes VAT (where applicable) at the applicable current rate chargeable in the UK for the time being.]
How to pay
4.7 You can only pay for Digital Content using the payment methods stated on the ScreenSkills website. Payment for the Digital Content and any applicable other charges is to be made in advance. You will be charged once you have confirmed and placed your order.
5. Creating an account
5.1 In order to purchase Digital Content, participate in our online community and be listed in talent directories and elsewhere on the ScreenSkills website you must first register with us to create an account (Account).
5.2 Upon registration, you will need to select a password and user name that you can use to access your Account. You are responsible for maintaining the confidentiality of your password and user name and are responsible for all activities that are carried out under your Account. We do not have the means to check the identities of people using the ScreenSkills website and will not be liable where your password or user name is used by someone else.
5.3 You agree:
(a) not to share your Account details with any third party; and
(b) to notify us immediately by email at email@example.com and firstname.lastname@example.org if you are aware of any unauthorised use of your password or user name or any other breach of Account security.
5.4 If you provide any registration information that is (or that we reasonably suspect may be) untrue, inaccurate, out of date or incomplete, we have the right to suspend or terminate: (i) your Account; (ii) any contract with you for the provision of our services; and/or (iii) your access to any or all areas and functions of the ScreenSkills website.
6. Cancelling orders
6.1 When you place an order for Digital Content and your payment is accepted you are entering into a contract with us. As a consumer you have a legal right to cancel an online contract within 14 days from the day the contract was made (i.e. from the day that you purchased the Digital Content). However, we will begin to provide the Digital Content as soon as you place your order and, by placing an order, you are requesting that we do so and you are acknowledging that you will lose your right to cancel the contract once the download or streaming (or other provision) of the Digital Content has begun.
6.2 To exercise the right to cancel, you must inform us (the ScreenSkills website, 94 Euston Street, London, NW1 2HA, email@example.com) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email). You may use the attached model cancellation form set out in the Appendix to these Terms, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
6.3 If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation from this contract, in comparison with the full coverage of the contract. In other words, if you cancel the contract, we will reimburse to you all payments received from you in respect of services or Items not yet provided as at the date you cancel but we will be entitled to retain payments (or parts of payments) relating to services or Items already provided prior to you cancelling.
6.4 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. By agreeing to these Terms, you are expressly agreeing that we may make the reimbursement by any means, not just the same means of payment as you used for the initial transaction.
6.5 Some Items may incur a commission fee, which shall be payable to us. For example, the ScreenSkills website may from time to time offer an online event ticketing service whereby you can create an event and sell tickets to that event via the ScreenSkills website. We shall be entitled to charge a commission on those ticket sales. The full details of such commission shall be set out on the ScreenSkills website when you place your order and will also be confirmed by email.
7. Intellectual property rights
7.1 In these Terms,
(a) Content means any and all creative material (including text, software, code, applications, video and/or audio recordings, music, graphics, designs, photographs, artwork, trademarks, data, statistics, information, blogs, communications, ideas, adverts, links, compilations and other material, as well as the selection and arrangement of any of the same);
(b) Intellectual Property Rights includes, amongst other things, any copyright, trademarks and other proprietary rights in relation to code, software, logos, designs, images, photographs, animations, videos, text and other material or Content;
7.2 The Intellectual Property Rights in all Content and Digital Content made available to you on or through the ScreenSkills website remain the property of the ScreenSkills website and/or the applicable third parties. Your use of the ScreenSkills website and its contents grants no rights (and in particular no Intellectual Property Rights) to you in relation to the ScreenSkills website or the content displayed on it.
7.3 You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way any of the Content, services, web pages or materials on the ScreenSkills website (including the computer code of any elements comprising the ScreenSkills website) other than for your own personal use, or with prior consent of the ScreenSkills website. Subject to the last sentence and paragraph 7.2, you may download insubstantial excerpts to your device for the purpose of viewing it.
7.4 Any use of items or Content that are the subject of our (or any third party’s) Intellectual Property Rights other than that permitted under paragraph 7.3 may only be undertaken with express, prior, written authorisation.
7.5 When you use some functions of the ScreenSkills website (for example, when you create your Profile), you may submit to us various User Content. By submitting User Content, you:
(a) grant us a non-exclusive, worldwide, payment-free, licence, on an ongoing basis without limit in time (with rights to sublicense to others, and to permit each of those others to do the same, on identical terms and in multiple tiers), to use, adapt, perform, display, reproduce, communicate to the public and distribute the User Content through any media now or in future known, which includes the right to display the User Content on and in connection with the ScreenSkills website, the right to display the User Content on any other website or other domain accessible via any internet-enabled device and the right to display the User Content in marketing material in relation to the ScreenSkills website. We require this licence solely for the purpose of providing, operating, improving and promoting the ScreenSkills website. We will not use your User Content for any other purpose without your permission. Also, where you have indicated (via your Account settings) that your User Content should not be used for the purpose of promoting the ScreenSkills website, we will not use it for that purpose;
(c) grant to us (and our assignees and licensees) all consents which are or may be required for the use of the User Content in the ways referred to in paragraph 6.5(a) above, throughout the universe, on an ongoing basis without limit in time, by any and all means and in any and all media now or in future known;
(d) agree not to assert against us (and our assignees and licensees) any moral rights or any similar rights in any country in respect of your User Content. Moral rights are certain rights that the owner of a copyright work has in relation to how that work is used;
(e) promise to us that you own the User Content and have the right to grant the licence set out above and that the User Content does not infringe the rights of any third party; and
(f) promise that any User Content submitted by you does not cause you to breach these Terms including any of your promises as set out in these Terms, in particular the promises made by you at paragraphs 6.5, 8.1 and 9.1.
8. Links to and from other websites
8.1 The ScreenSkills website may include links to third party websites as well as advertising and other Content hosted by third parties. These links are provided for your ease of reference and convenience only. We do not control such third party websites and Content and are not responsible for their contents. Our inclusion of links does not imply any endorsement of the material contained on third party websites or any association with their operators.
8.2 You acknowledge that we will not be party to any transaction or contract with a third party that you may enter into via a link from the ScreenSkills website and we shall not be liable to you in respect of any loss or damage which you may suffer by using third party websites or entering into any such third party transactions or contracts. You agree that you will not involve us in any dispute between you and any such third party.
8.3 We are not responsible or liable for any products, advertisements, content or services provided by or for third parties via or in connection with the ScreenSkills website (or any technical or other issues that may arise from such provision). We have no control over third-party products, content or services and make no assurances of any kind about them.
9. Your use of the website
9.1 In using the ScreenSkills website, you agree and promise that you will not:
(a) use the ScreenSkills website in any way that may lead to the encouragement, procurement or carrying out of any criminal activity;
(b) access the ScreenSkills website for any purpose other than for your genuine use of the ScreenSkills website in accordance with these Terms, as a person (or organisation) that works, employs, educates or is otherwise involved, in the creative industries in the UK;
(c) use the ScreenSkills website in any way that may cause you or us to breach any applicable laws;
(d) email, transmit or otherwise disseminate any material which is defamatory, obscene, vulgar or indecent or may have the effect of being harassing, threatening, abusive or hateful or that otherwise discriminates against, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability, or which breaches the rights of others (including copyright and other Intellectual Property Rights);
(e) distribute unsolicited communications including 'spam' email;
(f) transfer files that contain viruses or other harmful programs or use the ScreenSkills website in any way that may damage or disrupt another's computer; or
(g) penetrate or attempt to penetrate the ScreenSkills website's security measures.
9.2 We reserve the right to take such action as we may believe is reasonably required, at any time without notice at our discretion, if we have reasonable grounds to believe you have breached any of the restrictions above or any other provision of these Terms.
9.3 Although we reserve the right to moderate the use of the ScreenSkills website, we are under no obligation to oversee, monitor or moderate any User Content. You accept that we may (but need not) review the User Content displayed on (or uploaded to) the ScreenSkills website and delete or remove any User Content at our discretion, including User Content that, in our judgement, might be offensive or illegal, or might violate the rights (or harm or threaten the safety) of Users or others.
10. Your promises to us
10.1 You confirm that:
(a) all information and details provided by you to us (including on registration of an Account) are true, accurate and up to date in all respects and at all times (you can update or correct your personal details at any time by accessing your Account on the ScreenSkills website and following the procedure stated there); and
(b) you will comply with the restrictions on your use of the ScreenSkills website as set out in paragraph 9 and as set out elsewhere in these Terms.
10.2 You accept responsibility, and will compensate us, for any loss or damage (including any claim by a third party and any legal fees in relation to such claim) that is caused by any failure by you to comply with these Terms (in particular any failure by you to fulfil your promises as set out in paragraphs 9.1 and 10.1) or that otherwise arises in relation to your use of the ScreenSkills website or your violation of any law or of the rights (including Intellectual Property Rights) of any third party.
11. Our legal obligations and limits on liability
11.1 Nothing in these Terms shall exclude or limit our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence or the negligence of our employees or agents. Also, nothing in these terms affects your rights as a consumer under law. If you would like information on such rights, you should contact your local trading standards service or citizen’s advice bureau. This paragraph takes priority over paragraphs 11.2 to 11.10 below.
11.2 We do not accept any liability for damage to your computer system or loss of data that results from your use of the ScreenSkills website and we cannot guarantee that any files that you download are free from viruses, contamination or destructive features.
11.3 Whilst we will try to correct any errors or omissions as soon as we can once they have been brought to our attention, we do not promise that the information on the ScreenSkills website itself will be free from errors or omissions.
11.4 We do not promise that the ScreenSkills website will be available uninterrupted and in a fully operating condition.
11.5 Access to the ScreenSkills website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our reasonable control.
11.6 We do not make any promises in respect of the ScreenSkills website or its content, including, without limitation, any advice given and statements made by us, other users or advertisers (if any).
11.7 Any decisions or action taken by you on the basis of information provided on or via the ScreenSkills website are at your sole discretion and risk.
11.8 We are under no obligation to keep secure or to store any User Content for any period of time and shall have no liability to you for any damage, loss, liability, cost or expense incurred by you as a result of the loss or deletion of any User Content. You are solely responsible for creating any back-up copies of any User Content.
11.9 We accept no liability for any failure to remove (or delay in removing) any Content. You may, however, make complaints by using the email address given at paragraph 1.2 of these Terms.
11.10 If we breach these Terms we will only be liable for losses which are a reasonably foreseeable result of our breach. This means losses which could be contemplated by you and us at the time of entering into an agreement on these Terms.
11.11 You agree and acknowledge that we shall not be responsible or liable for:
(a) indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of entering into the agreement on these Terms, including loss of profits and loss of opportunity; or
(b) failure to provide the ScreenSkills website or to meet any of our obligations under these Terms where such failure is due to any cause or event beyond our reasonable control.
11.12 We are responsible for the provision of the ScreenSkills website but all communications and interactions between Users are matters between them and we are not responsible for the actions of Users or other third parties. For these reasons, you agree and acknowledge that your interactions with other Users are at your own risk and that:
(a) we have no responsibility or liability in relation to any transactions that you may enter into with other Users as a result of your and their activities on the ScreenSkills website (for example, any mentoring, education or employment arrangement);
(b) we do not make any promise to you in relation to the suitability (or any other attributes) of other Users or their activities, products and services;
(c) we do not verify the identity of any Users of the ScreenSkills website, or the accuracy of any User Content they submit to the ScreenSkills website and, even though all Users are prohibited from doing so, some Users may behave on the ScreenSkills website in a misleading or inappropriate manner.
11.13 Our liability to you arising out of or in connection with any agreement between you and us on these Terms shall be limited to £250 or, if greater, the value of the applicable order made by you.
12. Security and privacy
12.2 We will co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of, or locate, anyone breaching paragraph 9.1 or otherwise for the prevention or detection of crime or the apprehension or prosecution of offenders. There may be other circumstances in which we may be required by law to disclose information about you or your use of the ScreenSkills website and you agree that, in such circumstances, we are entitled to disclose such information.
12.3 We are registered as a data controller for the purposes of the General Data Protection Regulations (GDPR), unless and until the General Data Protection Regulation ((EU) 2016/679) (“GDPR”) is no longer directly applicable in the UK and then any successor legislation to the GDPR or the Data Protection Act 1998 as amended from time to time. Our registration number on the register of data controllers maintained by the Information Commissioner is Z8941934.
13. Trainee Finder
13 If you have, or have previously had an application or profile on Trainee Finder, you will agree to the following terms of storage of said data upon agreeing to the terms and conditions of ScreenSkills:
- a) Upon submitting your information to Trainee Finder on the ScreenSkills website, you agree that we can share your personal information with HETV Levy and film Skills Investment Fund [‘SIF’] paying productions and, at ScreenSkills’ sole discretion, our trusted providers and associated partners. Failure to agree to this means ScreenSkills will not be able to accept you onto the scheme.
- b) If approved, your data will be stored securely in the Trainee Finder database on the ScreenSkills website and will be shared with companies so that they may view and recruit individuals for placements, for as long as they remain active on the scheme or upon request to be removed from the scheme.
- c) Once your application becomes inactive due to reaching the time limit (as per the Trainee Finder terms and conditions) your data will be archived securely for ten years and only be viewable by Creative Skillset and its funding partners in order to show the long term impact of Creative Skillset’s support of your career. If you would like your data removed from the database, you can do so by emailing a request to TraineeFinder@screenskills.com and firstname.lastname@example.org and your personal data will be removed.
- d) If your application is not approved, your data will be stored securely as an account on the ScreenSkills website. You are able to make further amends to your account information and delete/request to delete it at any time. Should you wish to reapply to Trainee Finder or any other ScreenSkills opportunity in the future you must ensure that you update your profile.
- f) Upon submitting information to Trainee Finder on the ScreenSkills website, or transferring your profile/application from any previous systems you are requesting that the Trainee Finder team will process your application to check your eligibility to become a Trainee Finder trainee. Your information will be processed lawfully and in compliance with equal opportunities (and other relevant) legislation and either approved or deemed ineligible by the Trainee Finder team, as per the eligibility criteria.
- g) It is the onus of the individual to update their profile and keep their information relevant and up-to-date, ScreenSkills cannot be held responsible for incorrect or out of date data.
- h) The overall terms and conditions of the ScreenSkills website are adhered to, as well as agreeing to the terms and conditions of the Trainee Finder Training Agreement if you are offered a placement.
- a) Upon submitting your application to Trainee Finder on the ScreenSkills website to become a Talent Manager you agree that we can share your company information within ScreenSkills. Failure to agree to this means ScreenSkills will not be able to provide any financial support for your company to take on a trainee, or allow you to recruit them from the Trainee Finder on the ScreenSkills website database.
- b) If approved to view the Trainee Finder database, your company data will be stored securely and only made viewable to ScreenSkills, until such a time that the company informs ScreenSkills that they wish to cease being involved with Trainee Finder.
- c) The individual representing the company and/or production is responsible for updating their profile and keeping their information relevant and up-to-date. ScreenSkills cannot be held responsible for incorrect or out of date data. If you wish to amend, rectify or where appropriate erase data stored about you please email TraineeFinder@screenskills.com and email@example.com.
- d) The overall terms and conditions of the ScreenSkills website are adhered to, as well as agreeing to the terms and conditions of the Trainee Finder Training Agreement if you are offered funding for a placement/multiple placements within your company and/ or production.
14. Other matters
14.1 In these Terms, any phrase that includes the words “other”, “including”, “for example”, “such as” or “in particular” (or any similar expressions) shall be deemed to include the phrase “without limitation”.
14.2 We are constantly looking for new ways to improve the ScreenSkills website. We therefore reserve the right to amend these Terms at any time. We will always display an up to date copy of these Terms on the ScreenSkills website and we may contact you to let you know about any changes we have made. All such changes will take effect once they have been posted on the ScreenSkills website. Each time you use the ScreenSkills website, you are signifying that you agree to the then-current version of these Terms.
14.3 If we change these Terms and that change is to your detriment, you may request that your Account is terminated (or any related agreement with us to provide services or Digital Content to you, where we have not yet provided the same) by accessing your Account on the ScreenSkills website and following the procedure stated there.
14.4 Where we reserve a right in these Terms, it does not mean we will be obliged to exercise it.
14.5 If any provision of these Terms is found by a court or a regulator to be invalid or unenforceable the other provisions shall continue to apply.
Governing law and jurisdiction
In the event of any dispute between you and us concerning these Terms, the relevant United Kingdom law will apply. If you wish to take court proceedings against us you must do so within the relevant United Kingdom courts.
These Terms were last updated on 27/09/2018.